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17 April 2019
Issue: 7837 / Categories: Legal News , Property , Landlord&tenant
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All change on the farm

Agricultural tenants and landowners face far-reaching changes to the law on mortgages, repossession, apply to vary clauses and passing on tenancies to the next generation.

Defra published a consultation paper this month on ‘Reforming agricultural tenancies in England and Wales’, due to end on 2 July. It asks whether current restrictions on agricultural mortgages act as a barrier to letting farmland, and whether farmers unable to meet their repayments should be given greater protection against repossession.

Sarah Denney-Richards, head of agriculture at Thursfields, said: ‘Agricultural tenants and landowners need to be aware of these potential changes and the impact they could have.

‘Anyone who is concerned about the potential impact on their business and livelihood should take professional advice and ensure they monitor any changes that come into law.’

Key proposals include allowing Agricultural Holdings Act tenants to assign their tenancy for payment to a third party, subject to a landlord’s right both to buy out the tenant at the time and to end the new arrangement after 25 years.

The minimum age of 65 years for succession on retirement applications would be abolished, to encourage earlier retirement and succession planning. There would be a new dispute resolution mechanism for disputes concerning apply to vary clauses, where either party believes they present an ‘unreasonable barrier’ to land improvement or business development.

The consultation proposes extending the category of persons entitled to apply for succession to include cohabitees, nieces, nephews and grandchildren. It also suggests removing the ‘commercial unit test’ which prevents an applicant who already farms a commercial farm from applying to take a succession tenancy on.

Issue: 7837 / Categories: Legal News , Property , Landlord&tenant
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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